“GoBikes Automotive Private Limited” (hereinafter referred as the “Company“) is a registered limited liability partnership company in the state of Delhi, India. The registered address of the Company is Top floor, C-78, E-3, Jvts Garden, Chattarpur New Delhi, DELHI, South West Delhi, Delhi, 110074.
“Conditions” mean these General Conditions of Use, to carry on the business of letting on hire or otherwise, motorcycle and other vehicles of every kind and description, on such terms and conditions as may be decided by the Company from time to time.
“Service” refers to any service provided by the Company, as the Company deems fit, to any User.
“User” means a person who has accepted the terms and conditions for leasing or renting a motorcycle or motor vehicle of any kind from the Company.
“Vehicle” means the motorcycle/motorbike/scooter or motor vehicle of any kind offered by the Company to any User for leasing/renting for the period as determined between the Company and the User.
These Conditions are intended to create binding rights and obligations between the User and the Company in accordance with the Indian Contract Act, 1872. The Company reserves the right to change the terms of these Conditions from time to time. No access to the Services will be permitted unless the Conditions are accepted in full. No User is entitled to accept only part of the Conditions. If a User does not agree to all the Conditions, such User may not use the Services. In the event that any Member fails to comply with any of the Conditions, the Company reserves the right, at its own discretion, to suspend or withdraw all Services to that User without notice.
Use of the vehicle
User Information: The User who approaches the Company for taking the Vehicle agrees to provide any personal information requested by the Company. In particular, the User will be required to provide their first name, last name, age, title, valid telephone number, alternate telephone number, residential address, office address and email address. Use of the Vehicle and the Service of the Company is limited to those over the age of 18 years at the time of registration.
Disclosure of Purpose: The User agrees to disclose the duration for renting the Vehicle and reason for leasing/renting out the Vehicle to the Company.
Accuracy of the Information: The User agrees and accepts that all of the information they provide to the Company before using the Service of the Company and at any other time shall be true, correct, complete and accurate in all respects. The User also agrees that any information supplied to the Company in connection with the duration or any trip or reason of the use of the Vehicle will be true, accurate and complete.
Valid license: The User must possess a valid Motor Vehicle with Gear (MVWG) License in case of Motor Vehicles with Gear and Motor Vehicle without Gear (MVWOG) License in case of Motor Vehicles without Gear. The User shall submit a copy of the License to the Company. If any User’s license expires or is revoked, authorization to drive the Vehicle shall expire immediately. For international visitors, a valid driving license from their home country with an International Driving Permit is necessary along with a valid Visa. Originals to be brought, a copy will be retained for record.
Submission of Original Documents: The User shall submit the photocopy of one of the following documents to the Company before leasing/renting the Vehicle:
Rental Charges: The rental rate offered by the Company to the User is as per what is shown on the website. There are no hourly charges. The minimum tenure of booking a Vehicle from the Company is one day (24 hours).
Helmets (Included in Rental Charges): One helmet is provided by the Company with the Vehicle. The User is encouraged to bring their own helmets for comfort and style. Helmets for the User as well as for pillion are a mandatory requirement by law; hence the User shall ensure that the pillion rider is wearing a Helmet during the use of the Vehicle. The User has the responsibility to follow the law related to wearing of helmet for the rider as well as the pillion, and is liable to pay any fines/costs that are incurred due to violation of such law.
Fuel Cost: Fuel costs are the User's responsibility. The Company is not liable or responsible for the motorcycle fuel consumption and mileage.
Advance Payment: The User shall make the payment of the entire rental charge (as per the duration of the booking) in advance, before using the Vehicle. In case the User wishes to extend the period of booking the Vehicle, the User must make the additional payment before the extension to continue the use of the Vehicle. The User can pay the Company in NEFT Transfer or Debit/Credit Card.
The Pick-up date, time and location cannot be changed once a booking is confirmed.
The customer is not authorized to lend the two-wheeler to any person.
Mechanical failure/breakdown/cleanliness/maintenance during the ride: In case of a breakdown, the User has to immediately intimate the Company about the same and the location and kind of defect. The Company will send a mechanic or provide a necessary guidance to repair or rectify the fault so that you can get on with your ride as soon as possible. However, the Company is not assuring a definite timeline for repair, the same is depending on the location of the vehicle and kind of failure of the vehicle, availability of the mechanic, spare parts etc.
Documents to be provided to the User: The User shall be provided a copy of the motorbike registration certificate & insurance.
Permitted area of usage of the Vehicle: The Vehicle is provided for usage within the state of Delhi, India. The User cannot take the Vehicle outside the state boundary without prior permission from the Company. In case any User takes the Vehicle outside the state boundary without prior permission, the contract of usage would be terminated immediately and the User needs to return the Vehicle immediately back to the Company. There would be no refund of the Rental Charges already made, and the User has sole responsibility for any and all costs, charges, fees and expenses incurred by the Company as a result of a breach of this condition. The User also has to pay a fine of Rs. 2000.
Crossing the State Border: The User has to inform the Company in advance whenever he is intending to go to other states. The User has to ensure that he takes the necessary approval at the check post and pay the permit fee before he enters the other state. The Company will not be responsible for any damage to life and property if the necessary permits are not taken while entering another state. The Company's Insurance will also not be valid if the necessary permits are not taken by the User while crossing the border.
Tracking of the Vehicle: Each Vehicle will be tracked with a GPS tracker by the Company. The Company ensures that the privacy of the User is not compromised in any ways. The information regarding the tracking of the Vehicle shall only be shared with the relevant authorities in case of theft/accident/or any other incident which happens with the Vehicle.
The User is strongly advised to inspect the motorcycle before riding them for any physical or noticeable mechanical defects or flaw found on/in the motorcycle. The User has to bear all the cost of replacement pertaining to any damage to the vehicle loss of tools and spare parts kept in the vehicle. Any type of damage happened to the motorcycle during the ride should be intimated to the Company while returning the vehicle.
The User is duty bound to inform the Company, if he/she notices any abnormality in riding comfort, conditions, manoeuvrability, excess vibrations, uneasiness etc.
Cancellation Policy: If the Company cancels the booking due to break down, non availability of the bike or any other reason then we provide 100% refund of the rentals received. If you cancel the booking the refund would be made as per the following schedule:
No Show - 100% deduction
Between 0-24 hrs of the pickup time - 100% deduction
Between 24-72 hrs of the pickup time - 50% rental charges will be withheld
Before 72 hrs of the pickup time - Full Refund to the customer
The refunded amount will reflect in the customer's bank account within 7-10 business days.
We reserve Our sole right to cancel Your booking if
You don't turn up on time to pick up the vehicle.
The delivery address provided by You is not within the Places of Service.
Failure to deliver Your order due to lack of necessary information.
Unavailability of the items/bikes ordered/booked.
Failure due to reasons beyond Our reasonable control, due force majeure events including but not limited to acts of God, floods, fire, earthquake, acts of terrorism, war, strikes, legislation or restriction by any government or other authority, etc. Also that we operate with machines i.e. motor cycles which might break down or the previous user might not turn up on time or there can be an accident which has resulted in the bike not being available. In these situations but not limited to the ones mentioned, refund to the extent of money received would be made.
The use of the Vehicle provided by the Company is prohibited under the following conditions:
Any speed race or competition.
By any person who is under the influence of (i) alcohol or (ii) any drug or medication under the effects of which the operation of a vehicle is prohibited or not recommended. A zero-tolerance policy is adopted in such cases.
In the carrying out of any crime or any other illegal activity.
In an imprudent, negligent, or abusive manner or for any abnormal use of this vehicle.
By any person who has provided the Company with false information or whose representations are determined to be false (including, without limitation, regarding his name, age, or address).
For driving the Vehicle outside of the permitted area or any prohibited areas within the permitted area.
For driving while using a mobile phone or any other mobile communication device in any manner whatsoever, including while sending an SMS, emailing, using a cell phone with or without a hands-free device, otherwise using a mobile communication device that may distract the User from driving or otherwise engaging in similar activities that may be prohibited by applicable law.
Using the Vehicle to transport flammable, poisonous, or otherwise hazardous substances for other than legally permissible household use or in amounts greater than what is usually consumed in a household.
Transporting objects with the vehicle that could adversely impact the Vehicle’s handling safety or that could damage the Vehicle or, by virtue of such object/s protruding outside, affect the safety of vehicles driving in the vicinity of the Vehicle.
Transporting more than 2 passengers.
Using any fuel other than how it is prescribed for the select model.
The User shall follow speed limitation, traffic rules or directions of the police or other enforcement agencies. If there is any violation of a traffic rule or any other law such as, over speeding, jumping a signal, riding with two pillions, riding without a helmet, parking illegally etc., the member has to pay all the fines/penalties. If any case is registered by the police authorities against the Company, being the owner or permit holder of the vehicle, the User has to compensate the Company all costs, fines and legal fees incurred.
If the User over speeds beyond the limit set as per the traffic rules or any other laws, the Company shall not protect the User from any loss or damage to the vehicle, himself and the third party through the insurance that it has and the User shall personally be liable for all the loss or damages caused.
The above mentioned list is not exhaustive, and any unreasonable or inappropriate use of the Vehicle provided by the Company, as determined by the Company in its sole discretion, may be deemed a violation of these Conditions. The Company may report the User to the authorities any use of a Vehicle or other activities that are in violation of local, state, and/or national law or in violation of these Conditions.
The contract of usage would be terminated immediately due to the violation of any of these Conditions and the User needs to return the Vehicle immediately back to the Company. There would be no refund of the Rental Charges already made, and the User has sole responsibility for any and all costs, charges, fees and expenses incurred by the Company as a result of a breach of these Conditions.
The User is responsible for securing the Vehicle during the booking period. The Vehicle must be ignition off and handle locked properly. The User will be responsible for any fees or charges associated with a failure to perform these steps.
The Company will perform all necessary and required routine maintenance on all of its Vehicles. However, the User is responsible for the cleanliness of the Vehicle and is expected to assist in helping the Company to maintain the driving safety and performance of the vehicle, in particular during longer bookings or when the vehicle indicates that service or maintenance is required.
All breakdowns or incidents involving the Vehicle provided by the Company must be reported to the Company immediately at the following number: +91-8448444897
The User must return the Vehicle, secured, clean, and in good working order to the Company at the end of the booking.
The User must also return the Helmet given by the Company in a clean state and good working condition. If the Helmet has suffered any damage, the User is liable to pay the costs of the Helmet as per the bill of the Helmet.
Users are required to immediately report to the Company any condition that impairs the driving functionality of the Vehicle, such as poor driving feel or external or internal damage that renders the Vehicle unsafe, including but not limited to, missing or inoperable signal or driving lighting, broken or missing rear-view mirrors.
Prior to taking possession of a vehicle, the User must check the Vehicle, and inform the Company of any damage or abnormality encountered on the Vehicle or in the operation of the Vehicle. If the Company is not notified of a problem at the start of a booking, the User will be deemed to be responsible for any problem with the vehicle discovered or reported after the booking, including, without limitation, damage to the vehicle.
The User is solely responsible for the Vehicle while driving and any damage caused to it, and must bear the repair cost at the cost of the authorised service centre.
A stolen Vehicle must be immediately reported to the Company and the nearest police station with a detailed written complaint based on actual facts. The User shall ensure that such complaint shall not contain any discrepancy, inconsistencies or distortions from actual facts as the same would be detrimental to a valid insurance or other claim by the Company. The Company shall provide all necessary assistance and the User shall provide complete co-operation to fulfil the formalities.
The User must immediately notify and deliver to the Company every summons, complaint, document, or notice of any kind received by User in any way relating to an accident, theft, or other circumstances related to the Vehicle.
If there is any damage to the vehicle, GoBikes can charge the amount equal to cost of the bike/cost of repairing the bike that is not covered by the Insurance Company and additionally loss of revenue if any to GoBikes. In the event of an accident, GoBikes shall claim Insurance only if the estimated damage is more than Rs.5000 .The User shall be liable to pay the full value of damages, if it's below the said limits. In case of the damage being more than the said limits, the hirer has to pay a deposit of Rs.10,000. GoBikes shall claim Insurance and the differential amount between the amount settled and the Invoice amount shall be adjusted from the above deposit. The User shall also be liable for loss of rental during the period the vehicle was down. The User shall also provide a written statement explaining the incident of the accident along with clear details of the location, time, third party/property damage, police complaints resulting from such accident. The User on return of the ride shall also provide a crossed cheque in the name of GoBikes Automotive Private Limited which shall be used to settle the amount that is not approved by the Insurance Company and Loss of Rental. The User shall not issue a stop payment request to his banker on such cheque issued. The Cheque will be returned if the hirer chooses to settle in any other mode of payment.
All accidents, damages to the vehicle, summons or notices issued by police or by the court in relation to acts while the vehicle was under the custody of the Hirer shall be intimated within one Hour of such incident to firstname.lastname@example.org. The User shall also report in writing, the entire events in minutest detail regarding the accident. Any police cases shall be reported to the Company immediately. Any misstatement or concealment is an offence. The Company shall not protect the User with its insurance if the hirer doesn't follow the above instructions.
Use of the Vehicle in any manner that causes excessive wear and tear to the vehicle parts is prohibited. The Company shall penalise the User if it is found that the hirer has caused excessive wear and tear to the vehicle.
Attaching any external fixtures or fittings to the Vehicle is not allowed. You are not allowed to do any repairs, replacement of any item of the Vehicle.
The User will compensate the company for all damages caused to the Vehicle. In case of accidents to the Vehicle, the cost of towing the vehicle from the place of accident to the service station and all other Amounts that are not approved by the insurance company, which includes damage to the property of third party and third party have to be paid by the User.
If the accident or damage to the vehicle has been caused due to violation of any rules or riding requirements mentioned herein, then the User has to give the entire cost of repair of the vehicle, damages caused to third parties and compensation required to be aid to the victim.
If a confirmed Item/bike is unavailable post confirmation of the order, We will inform you of such unavailability, however, there would be times when such an information would not be possible due to the fact it is beyond our control. In which case:
If You have made the payment: You will be entitled to cancel the order and refund the amount paid for the Services.
If You opted for Cash on Delivery: You will be entitled to cancel the order.
A Trip extension request is to be made at least 3 hour before the drop-off time. Such requests are to be made to the Customer care, mobile app or Field executive over the phone. The request will be confirmed or denied as per the availability of bikes. In case the customer doesn’t drop the bike in spite of a denied extension request, penalty charges will be applicable. If you suspect that you will be late, please extend your reservation at gobikes.co.in to avoid the penalty. We will not be able to extend if there's another confirmed reservation for the period.
Late fee: The Vehicle must be returned no later than the end time of the booking and the User is required to terminate the booking. If the User returns the bike beyond the time specified in the booking form he shall be charged three day's rental as penalty. Late return would be charged at ₹50/hour(Scooty), ₹100/hour(Bikes) in addition to the hourly fee for use of the vehicle.
In case of minor damages to the helmet, the customer is liable to pay a fine.
In case of damage to the two-wheeler on rent due to accident/mishandling/carelessness, appropriate charges will be calculated and the customer is liable to pay the same along with the daily tariff until the bike is ready for renting again.
In case of theft, the customer is liable to pay, in full, the market rate of the two-wheeler.
In case of engine fault or failure, the customer needs to contact the customer care or Field Executive before getting any repairs done. The original printed invoice is mandatory to claim reimbursement for the same.
For any cancellation or refund, it takes 7-10 business days for the refunded amount to reflect in your bank account.
User will never be deemed to be the company's agent, servant, or employee in any manner for any purpose whatsoever.
Offers and Promotions
The Company reserves the right to suspend your account and/or revoke any and all promotions or credits at any time if we feel they were earned inappropriately or in violation of the applicable promo code terms or the terms of service applicable to you. Offers and promotions credits usage and validity terms and conditions can be updated without any prior notice by the Company. The terms and conditions valid while booking the bike will be applicable and will precedent all previous terms and conditions.
Traffic Law/Applicable Law Violations
The User is responsible for complying with all applicable laws associated with driving the Vehicle, in particular, the Safety Standards in relation to Motor Vehicles in the jurisdiction where the trip is initiated and where the Vehicle is driven during such trip.
The User is solely responsible for any traffic violations incurred due to his/her use of a Vehicle given by the Company. This includes, but is not limited to parking, speeding, breaking red light, photo enforcement, violation of helmet wearing rules and toll violations. The User is responsible for communicating all such charges of traffic violations to the Company while submitting the Vehicle after the use, and the User is liable to pay all costs from any such violation, including fines for late payment and any processing fees added by the issuing municipality, to the respective authority in their personal capacity. The Company is not responsible to bear such costs incurred on the part of the User. The User is liable to pay all tolls and any fines for toll evasion.
The User shall forthwith pay the relevant fine/s to the authority concerned and provide the Company with the proof of such payment.
The User must not leave a vehicle in a zone which has parking restrictions. If the User has left the Vehicle in such a restricted zone, the User must immediately notify the Company and the User will be responsible for any and all violation notices or towing charges incurred by the Company.
User agrees that neither Company nor its group companies, directors, officers or employee shall be liable for any direct or/and indirect or/and incidental or/and special or/and consequential or/and exemplary damages, resulting from the use or/and the inability to use the service or/and for cost of procurement of substitute goods or/and services or resulting from any goods or/and data or/and information or/and services purchased or/and obtained or/and messages received or/and transactions entered into through or/and from the service or/and resulting from unauthorised access to or/and alteration of user's transmissions or/and data or/and arising from any other matter relating to the service, including but not limited to, damages for loss of profits or/and use or/and data or other intangible, even if Company has been advised of the possibility of such damages. User further agrees that Company shall not be liable for any damages arising from interruption, suspension or termination of service, including but not limited to direct or/and indirect or/and incidental or/and special consequential or/and exemplary damages, whether such interruption or/and suspension or/and termination was justified or not, negligent or intentional, inadvertent or advertent. User agrees that Company shall not be responsible or liable to user, or anyone, for the statements or conduct of any third party of the service. In sum, in no event shall Company's total liability to the User for all damages or/and losses or/and causes of action exceed the amount paid by the User to Company, if any, that is related to the cause of action.
The Company shall provide primary liability protection, which is the extent of claims/ liabilities covered by the Company's vehicle insurer, on the Vehicle for claims and/or liabilities arising out of the use or operation of the Vehicle by the User. If at any time it is determined that losses will exceed the User’s coverage provided by the Company, the Member will be responsible for the excess amount and is liable to pay the excess amount to the Company.
The User will be responsible for any associated deductible personally attributable to the User.
The Company is not responsible for any damage to, loss or theft of, any personal property belonging to the User, regardless of fault or negligence.
Indemnification: The User indemnifies and holds the Company, its parent and affiliates and their respective directors, officers, employees, shareholders, agents, attorneys, assigns and successors-in-interest, harmless for all losses, liabilities, damages, injuries, claims, demands, costs, attorney fees, and other expenses incurred by the User due to the use or possession of the Vehicle by the User and the User's non-compliance with this agreement.
This Agreement is intended for the benefit of User and the Company and no other party may claim rights hereunder, whether as a third-party beneficiary or otherwise. Under no circumstance will the Company be liable to any third party for indirect, incidental, special or consequential damages arising from or related to this Agreement or use of the Vehicle and Service.
Acceptable Website Use
Security Rules: Visitors are prohibited from violating or attempting to violate the security of the Web site, including, without limitation, (1) accessing data not intended for such user or logging into a server or account which the user is not authorised to access, (2) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation, (3) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus or "Trojan horse" to the Website, overloading, "flooding", "mail bombing" or "crashing", or (4) sending unsolicited electronic mail, including promotions and/or advertising of products or services. Violations of system or network security may result in civil or criminal liability. The business and / or its associate entities will have the right to investigate occurrences that they suspect as involving such violations and will have the right to involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
General Rules: Visitors may not use the Web Site in order to transmit, distribute, store or destroy material (a) that could constitute or encourage conduct that would be considered a criminal offence or violate any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy or publicity of other personal rights of others, or (c) that is libellous, defamatory, pornographic, profane, obscene, threatening, abusive or hateful.
Disclaimer of Consequential Damages
In no event shall Company or any parties, organisations or entities associated with the corporate brand name us or otherwise, mentioned at this Website be liable for any damages whatsoever (including, without limitations, incidental and consequential damages, lost profits, or damage to computer hardware or loss of data information or business interruption) resulting from the use or inability to use the Website and the Website material, whether based on warranty, contract, tort, or any other legal theory, and whether or not, such organisation or entities were advised of the possibility of such damages.
Intellectual Property Rights
All copyright, trademarks and all other intellectual property rights (except for the third party links) in the Website and its content (including without limitation the design, layout, text, graphics, images, sound, video and all software and source codes connected with the Website) are owned by or licensed to GoBikes Automotive Private Limited or otherwise used by the company as permitted by law. The content of the Website embodies trade secrets and intellectual property rights protected under copyright and other intellectual property laws. All title, ownership and intellectual property rights in the Website and its content shall remain with the Company.
None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.
In the event of any dispute or difference arising between the parties with regard to the rights and obligation under this agreement or as to any claim, monetary or otherwise or as to the interpretation and effect of any terms and conditions of this agreement, the same shall be referred to arbitration; and such Arbitration shall be governed by the Indian Arbitration and Conciliation Act, 1996 for the time being in force. The venue for such Arbitration shall be Delhi, India.
Governing Law and Jurisdiction
These terms and conditions and any disputes or claims arising out of or in connection with its subject matter are governed by and construed in accordance with the laws of India and the Courts of Bangalore shall be the competent court of jurisdiction.
This Agreement contains the entire agreement between the parties relating to the subject matter hereof and supersedes any and all prior agreements or understandings, written or oral, between the parties relating to the subject matter hereof. No modification of this Agreement shall be valid unless made in writing and signed by both parties hereto. The Hirer read and understood the above terms and Agree to abide by it.